Long story short. I paid for a truck driving lessons over the phone, and they charged me another 10 dollars
credit card surcharge without my knowledge. The driving school and I couldn't solve the dispute between us, so I decided not to use them, and they wanted to take 50 dollars out of the fees I paid earlier for the cancellation fee. Is it legal for them to do that under
Australian Consumer Law?

Hi @Karlbruce
How much were the lessons?
Were there any terms and conditions when you booked the lessons? (For example, some have terms about a cancellation fee and credit card surcharges).
If there are no terms and conditions re cancellation fee, then you might be able to make a credit card dispute/chargeback request with your credit card provider.

This is not to be considered legal advice - its the result of my life experience and desire to share wisdom

If you cannot decide, refer the matter to the WA Department of Commerce. They are a free service that assists in dispute resolution between consumers and businesses for goods and services rendered.

Generally, if they did not explain the credit card surcharge over the phone, it would be unreasonable for them to demand/deduct this. Further, they should have explained any cancellation policy to you. Phone agreements are difficult because there is limited time/space to include all relevant terms and conditions. However, essential terms and conditions such as cancellation charges should be relayed to you. Again, it would be unreasonable for them to enforce any cancellation charges that they did not make known to you. However, if they referred you to their website where the terms and conditions are and the cancellation fee is clearly printed, and you did not read this prior to agreeing, then it may be reasonable for them to deduct those charges.

Information provided in this post is not to be treated as legal advice and/or as carrying any legal weight. The author makes no representations, express or implied or by implication, and none should be read and relied upon. Information contained in this post is not represented or warranted as complete or accurate or up-to-date. Separate and independent legal advice is recommended.